Injury At Work? Here’s What You Should Do Next
Thanks to digitization and modernization, almost every workplace has become quite secure and safe, especially from an employee’s viewpoint.
But, a work-related accident or injury may still happen. In some cases, it may have happened because of your fault while in other cases the responsibility for the same falls on your employer.
So, what do you do when the latter happens?
How would you protect your rights?
Change to: We have tried to explore precisely that through this article extensively. We have also tried to answer some additional questions regarding the same topic. However, if you have been the victim of a workplace injury, the counsel of an experienced lawyer, such as the ones at Greenberg and Ruby Injury Attorneys, is essential. It ensures your rights are protected and you receive the compensation you deserve.
So, without any further ado, let’s get started with it.
If such is the scenario, the first thing you should do in this aspect is to let your employer know about the injury. According to the general law, you’ll have to notify the damage within a short period of time.
It will vary from one state to another, so make sure to ask a lawyer about it. As a rule of thumb, tell them about the injury you sustained on the same day of the incident.
It’ll be the safest option.
The next step will be to try and file a worker’s compensation claim with the court. For that, it will be necessary for you to have a Morgantown Work Accident Lawyer by your side. They will take care of all the investigation and documentation required for the case. Also, you’ll get their support while being presented in court. So, it’s a win-win for you.
Injury at Work – What are Your Rights?
The law related to worker’s compensation can vary from one state to another. However, if we are looking at it from a general viewpoint, here are a few things that you have control on –
- You have a right to ask for a worker’s compensation hearing.
- You can file a claim for your illness or injury in worker’s compensation court.
- You have the right to talk to a physician and pursue proper medical treatment.
- If you have been released by the physician, you can return to the job right away.
- If you can’t return to your job permanently or temporarily, you’ll have the right to get disability compensation.
- You have the right to hire a lawyer and get their help throughout the process.
- You will have the authority to appeal a denial of a worker’s compensation claim.
Now, depending on where you live right now, a few more points might get added here. Hence, it might be best to talk to an attorney who can understand your problem and help you find any kind of solution to it. This might take some time to get through, though. So, be careful.
We know that it might seem counterintuitive from a general viewpoint – but not everyone will be eligible for worker’s compensation. Some types of work or a few positions won’t get any benefits from the same.
Here are some examples that you need to note down right now –
- Someone who is yet to reach the age of 18, or a minor
- The directors of a corporation
- Laborers of a company who haven’t been documented
Also, if you’re currently working as an independent contractor, you’ll also not get the benefits of the claim – as long as your employer isn’t approving it.
How Does the Entire Compensation System Work?
When a worker is injured as a result of their operation, they can file for the aforesaid claim. It should be done through several steps altogether, including the following –
- Firstly, you will need to inform the employer about the injury you have sustained. Try to do it through a documentation form if possible and keep a copy to yourself.
- Once you’ve let the employer know about your situation, you’ll need to file the claim. It should be done by partnering with a lawyer accordingly.
- The employer will also have to write and provide a form. It is known as an Occupational Disease or Notice of Injury and will carry information on how the injury happened.
Apart from these, you will also have to carry some evidence. For example, you might talk to a person and see if there was anyone else involved in the entire thing.
Besides, you can also write down some other information, like –
- If you were offered first aid or not
- Whether you were asked to leave work immediately or not
- Where the injury occurred or how it happened
- Time as well as the date of the incident
- A proper and thorough description of the condition or incident
The information we have mentioned here should be offered in a documented manner. Hence, it might be better to take the help of a lawyer, as you might not know the tone of your writing.
Apart from these, you will also have to offer some additional information too –
- The name of the employee
- Their occupation and the position they have in the organization
- Diagnosis and prognosis of the injury
- Confirmation that the damage is work-related
- Recommended future care
- Whether you were drinking alcohol before working or not
- Any prior injuries or issues you had before the accident occurred
The worker’s compensation claim is something where the contribution of the employee and the employer won’t be enough. Besides, you’ll also have to take the help of your doctor.
They will help you fill up the information related to your health and well-being, which will be proof that you were not under the influence of anything when the accident occurred.
He or she will have three days to complete the form properly. Or else it will not be considered proper evidence in court.